California

Welcome to the 2022 Q3 edition of the Artificial Intelligence & Biometric Privacy Report, your go-to source for keeping you in the know on all recent major artificial intelligence (“AI”) and biometric privacy developments that have taken place over the course of the last three months. We invite you to share this resource with your colleagues and visit Squire Patton Boggs’ Data Privacy, Cybersecurity & Digital Assets and Privacy & Data Breach Litigation homepages for more information about our capabilities and team.

Also, we are extremely pleased to announce that our own Kristin Bryan was named as a 2022 Law360 Cybersecurity & Privacy MVP. As Law360 notes, “[t]he attorneys chosen as Law360’s 2022 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” You can read more about Kristin’s Law360 award here: Law360 MVP Awards Go to 188 Attorneys From 78 Firms.Continue Reading 2022 Q3 Artificial Intelligence & Biometric Privacy Report

A federal court recently sanctioned defendants for spoilation of evidence in litigation. In doing so, the Court rejected the Defendant’s argument that they changed their data settings in good faith to align with the California Consumer Privacy Act of 2018 (“CCPA”) and the International Standard of Operation Compliance (“ISO”). 2022 U.S. Dist. LEXIS 178233 (N.D. Ohio Sep. 29, 2022). Read on to learn more.
Continue Reading Federal Court Sanctions Company for Spoilation of Evidence Over Arguments Data Settings Changed to Comply with CCPA and ISO Requirements

Last month a California appellate court affirmed (for the first time among any state appellate courts to consider the issue) the lower court’s denial of class certification for claims brought under the Confidentiality of Medical Information Act (“CMIA”) in the wake of a data breach. Vigil v. Muir Medical Group IPA, Inc., 2022 Cal. App. LEXIS 860 (Cal. App. Ct. Sep. 26, 2022). Given the general receptiveness of California courts to similar claims, this decision is notable in several respects, outlined in additional detail below.
Continue Reading California Appellate Court In Ruling of First Impression Affirms Denial of Class Certification in Data Breach Involving Confidential Medical Information

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Ad Industry Group Modifies Its Compliance Program to Address 2023 US State Privacy Laws | Consumer Privacy World

Online

…

On Tuesday, October 18, Squire Patton Boggs (SPB) joined forces with the Association of Corporate Counsel (ACC) to provide a deep dive into “Publicity and Privacy Issues for Media and Advertising” during the ACC’s Sports and Entertainment Conference.
Continue Reading Webinar Recording Available: “Publicity and Privacy Issues for Media and Advertising”

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Profiling and Automated Decision-Making: How to Prepare in the Absence of Draft CPRA Regulations | Consumer Privacy World

Protecting

…

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Biden Administration Issues Executive Order for Privacy Shield Replacement | Consumer Privacy World

Supreme Court to Hear Pair of

…

Is an online-only business a place of public accommodation under Title III of the Americans with Disabilities Act of 1990 (ADA)? Yes, claimed the plaintiff in Martinez v. Cot’n Wash, Inc., 81 Cal. App. 5th 1026 (Cal. App. August 1, 2022). The Martinez plaintiff, who was permanently blind and used screen readers (i.e., software that audibly reads website content), alleged that “well-established industry standards” require websites to allow blind or visually impaired people access to websites, which one of the defendant’s websites—an e-commerce site—did not. No, said the California Court of Appeal, disagreeing with the plaintiff.
Continue Reading Online-Only Businesses Are Not a Place of Public Accommodation: California State Appellate Court Follows the Ninth Circuit in ADA-Related Ruling

After several days of deliberating, a jury today convicted Uber Technologies Inc.’s (“Uber’s”) former chief security officer (the “Former CSO”) of criminal obstruction and concealing the theft of personal data of fifty million Uber customers and seven million Uber drivers from the Federal Trade Commission (“FTC”).

Recall that back in 2016, two hackers stole data…

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Passage of Federal Privacy Bill Remains Possible This Year, Remains a Continued Priority | Consumer Privacy World

Webinar Registration

…